african american nursing home abuse attorney

CHICAGO, IL – Many people often mistake nursing homes with living assisted facilities; however, the two offer two different levels of care. Assisted living facilities often provide personal care in a home-like, social setting and is generally for people who need extra monitoring or help. On the other hand, nursing homes are for people who are seriously ill and require around the clock care and monitoring.

According to the law in Illinois, assisted living facilities are described as “a home, building, or residence, or any place where sleeping accommodations are provided for at least three unrelated adults, in which at least 80% are 55 years of age or older, where the following is provided: services based on a social media where the resident’s unit is their home, mandatory services such as meals and laundry, and a physical environment that is a homelike setting,” (77 ILCS 295.200).

Long-term care facilities, like a nursing home, have a much higher level of care than a senior living home and different requirements under the law. According to Illinois law, a long-term care facility is “a private home, institution, building, or residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill,” (210 ILCS 45/1-113).

Care and Services Provided in Senior Housing

Assisted living facilities are generally for people who need help with activities of daily living. Assisted living is a more independent level of living. Someone who suffers from memory loss and who isn’t safe living alone is someone who would live in assisted living.

By contrast, residents in nursing homes require around the clock care and monitoring. Residents in nursing homes offer suffer with more complex health care conditions that require additional assistance of a skilled nurse or a physical or speech therapist. Nursing homes legal purpose is to provide residents with intensive health care and nursing care to people who suffer from chronic conditions, like dementia or Alzheimer’s.

Regulatory Differences Between a Nursing Home and Assisted Living in Illinois

Nursing homes in Illinois are licensed, regulated, and inspected and/or certified by a number of public and private agencies, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid (CMS). The IDPH is responsible for ensuring all nursing homes in the state comply with mandatory state regulations. IDPH also ensures facilities accept Medicare and Medicaid payment for services rendered to program beneficiaries meet all federal regulations.

Nursing homes are inspected at least once every six to 15 months, according to IDPH. Nursing home inspections, whether standard or in response to a complaint, are conducted without giving notice to the facility.

Assisted living facilities are often loosely regulated. Regulations are set by individual state laws, which is different in every state, and are not monitored by state or local governments. Assisted living facilities also do not receive Medicare or Medicaid funding. Illinois’ state regulation of assisted living facilities include is they must be licensed by the Division of Assisted Living.

Though there are some differences in nursing homes and assisted living facilities, there are many obvious differences. Before deciding where to place your loved one, make sure to research both facilities before determining which is a right fit.

Nursing home abuse and neglect often goes unaddressed because residents and their families don’t necessarily know the rights a resident has. The Illinois Nursing Home Care Act (210 ILCS 45) specifically protects nursing home residents who may be more vulnerable to exploitation, neglect or abuse. Residents have the same rights just as any other person has under Illinois law, federal law, and state laws.

What is abuse or neglect?
Anyone residing in a long-term care facility has the right to be free from abuse, neglect, mistreatment, and financial exploitation. Abuse generally refers to the harmful actions, while neglect refers to the negligence or carelessness.

The statue reinforces the rights that every Illinois citizen has and details a number of specific rights and protects nursing home residents have that are guaranteed by state law or under the U.S Constitution. Those include:

Rights regarding spousal impoverishment. Nursing home facilities must inform all new residents upon being admitted of their spousal impoverishment rights under the Illinois Public Aid Code and the Medicare Catastrophic Act.

Right to private visits. Residents cannot be denied the opportunity for family and friends to visit, unless there is a verified medical reason for restricting visitations.

Right to personal property. Nursing home staff are not allowed to withhold or take a resident’s personal property; however, if there is medical reason for why the resident cannot have access to an item, they may be prevented from doing so.

Right to manage your own finances. Due to the nature of many resident’s illnesses, residents may not always have immediate access to their money; however, nursing homes are prohibited from spending a resident’s funds without proper authorization.

Right to your own physician. Nursing home residents have the right to choose their own physician and cannot be denied an opportunity to see their physician.

Right to respect and privacy in medical care. Residents have the legal right to privacy, and undisclosed personal information with their doctors and/or physician.

Right to participate in medical care and refuse treatment. Nursing home residents have the right to understand medical treatment they are undergoing and/or refuse treatment or medical interventions.

Right to exercise religion. Nursing homes cannot prevent a resident from expressing his/her religion.

Right to be free of physical or chemical restraints, unless medically necessary. Often times nursing homes must put restraints on a resident who puts themselves or others at risk of hurting them. The only exception a verified medical reason and when absolutely necessary. A residents physician is the only one who can order the use of physical or chemical restraints.

Right to rescreening when admitted with serious mental illness. When residents are admitted into a nursing home facility, they have the right to be rescreened and annually assessed.

Right to be free from unlawful discrimination. No resident should be unlawfully discriminated by any owner, licensee, administrator, employee, or agent of a facility.

Right to authorized electronic monitoring. A resident has the right to allow electronic monitoring devices placed in their rooms.

Right to see an attorney or social worker. Residents cannot be denied the opportunity to receive counsel from an attorney or social worker.

If you or a loved one has been abused or neglected in a long-term care facility such as an assisted living facility or nursing home, please contact an experienced nursing home abuse attorney. Schedule a free consultation today with Dinizulu Law Group today at (312) 384-1920.